In addition to your duties and responsibilities under the PGPA Act and associated instruments and policies, you also have duties and legal obligations under other Commonwealth legislation, including the:
Links to the above legislation can be found under the right hand menu under Policies, legislation and guidelines.
For further information in relation to instruments and policies of the Australian Government that are currently in effect under, or support, the PGPA Act refer to the PGPA legislation, associated instruments and policies page, also available in the right hand menu under Policies, legislation and guidelines.
The general duties in the PGPA Act do not limit the application of any other duties or liabilities in other laws relating to a person’s position or employment in a Commonwealth entity.
The finance law (which includes the PGPA Act, the rules, any instrument made under the Act and an Appropriation Act) is an Australian law for the purposes of the Public Service Act 1999 and the Parliamentary Service Act 1999.
An official employed under those Acts who contravenes the finance law may face sanctions under those Acts. For officials not employed under those Acts, accountable authorities should be aware of their obligations under section 16 of the PGPA Act to implement measures directed at ensuring officials of the entity comply with the finance law. This may include implementation of measures directed at ensuring officials comply with the finance law through the terms and conditions of the officials employment.
Penalties and Sanctions
The PGPA Act does not contain penalties and sanctions. Penalties and sanctions for not meeting your duties are addressed in your employment arrangements or, for criminal conduct, in the Criminal Code Act 1995 or Crimes Act 1914.
The exception is the power in section 30 of the PGPA Act to remove an accountable authority or a member of an accountable authority of a corporate Commonwealth entity for failing to comply with their duties as an official. This provision is intended for use only if the entity’s enabling legislation or another legislative instrument is inadequate to address the breach.